What to Expect During a Criminal Case in Texas
Feb. 5, 2025
Facing a criminal case in Texas is often an overwhelming and intimidating experience. For many, it feels like uncharted territory. What happens next? How long will it take? What are your rights, and how can you protect them?
Understanding the key stages of a criminal case in Texas is crucial for anyone looking to regain control of their future. While every case is unique, there are several key stages and elements in a criminal case that you can expect.
At Texas Defenders, we are dedicated to guiding you through the criminal process and aggressively advocating for your rights every step of the way. In this blog, we’ll guide you through what to expect during a criminal case—from the initial investigation to potential court proceedings—so you can face the process with clarity and confidence.
Step 1: Arrest or Citation
The criminal process often begins with an arrest or citation. An arrest occurs when law enforcement has probable cause to believe you have committed a crime, or when there is a warrant for your arrest.
Depending on the nature of your alleged offense, you may be taken to jail, or you might receive a citation for lower-level offenses like certain misdemeanors instead. It’s important to remain calm, cooperate with law enforcement, and remember that you have the right to remain silent and to request an attorney.
Step 2: Booking and Bail
If you are arrested, you will go through a booking process, where your personal information, fingerprints, and photographs will be taken. After booking, you may be held in jail until a judge sets bail, a financial guarantee that you will return for court proceedings.
The amount of bail depends on the severity of the charges, your criminal history, and whether you are considered a flight risk. If you cannot afford bail, you may be able to work with a bail bondsman. A judge may deny bail or release you on a personal recognizance bond.
Step 3: Arraignment
Your first official court appearance after being charged is the arraignment. During this hearing, the court will formally read the charges against you, and you will have an opportunity to enter a plea, either guilty, not guilty, or no contest.
It is generally recommended that you plead not guilty at this stage. This will give your legal team time to review the evidence against you and craft a strong defense.
Step 4: Pre-Trial Phase
The pre-trial phase is a critical part of the criminal case process. During this time, your attorney will investigate the facts, review the evidence, and gather witnesses that may help to build your defense. The prosecution will likely provide discovery materials, including police reports, witness statements, and any other evidence they intend to use.
Pre-trial motions may also be filed to exclude evidence, dismiss charges, or request additional discovery. At this stage, your attorney’s experience is essential for preparing a comprehensive legal strategy.
Step 5: Plea Bargaining
Plea bargaining is a common aspect of the pre-trial process. The prosecution and defense may negotiate a resolution to the case without going to trial. Typically, this involves the defendant agreeing to plead guilty to a lesser offense or receiving a reduced sentence in exchange for resolving the case.
While plea deals can save time and reduce uncertainty, accepting an agreement is a personal decision that depends on the details of your case. A skilled criminal defense attorney can help you weigh the pros and cons and decide what’s in your best interest.
Step 6: Trial
If a plea agreement is not reached, your case will proceed to trial. Criminal trials are often the most complicated and high-stakes part of a case. During the trial, both the prosecution and the defense present evidence and argue their case before a judge or jury.
Witnesses may be called to testify, and both sides will have the opportunity to cross-examine them. You are presumed innocent until proven guilty, and the prosecution must prove its case “beyond a reasonable doubt.” The trial will conclude with closing arguments, jury deliberation (if applicable), and a verdict.
Step 7: Sentencing
If you are convicted or choose to plead guilty, you will be sentenced as part of the court process. The judge will determine your punishment based on factors such as the nature of the offense, your criminal history, and any mitigating circumstances.
In Texas, criminal penalties can vary widely and may include fines, probation, community service, incarceration, or even the death penalty for the most severe crimes. With thorough preparation, your attorney can advocate for a lesser sentence or alternatives to imprisonment, such as diversion programs or treatment options.
Step 8: Appeals and Post-Conviction Remedies
If you are found guilty at trial, you have the right to appeal the decision. Appeals focus on legal errors that may have occurred during the trial, such as improper jury instructions or constitutional violations.
The appellate court will review the case and may uphold the conviction, reverse it, or remand it for a new trial. An appeal is not a second trial, but rather an opportunity to challenge the fairness and legality of the original process. Your attorney can help you determine whether an appeal is a viable option for your case.
Five Misconceptions About Criminal Cases in Texas
When it comes to criminal cases in Texas, many misconceptions can lead to confusion and unrealistic expectations. Understanding the truth behind these common myths is crucial for anyone dealing with the criminal justice system. Below, we address some of the most prevalent misunderstandings to provide clarity and accurate information.
If you’re innocent, you don’t need a lawyer: Even innocent individuals need legal representation because the legal system is complicated and prosecutors focus on securing convictions. A small misstep, such as a misstatement during questioning, can be used against you. A skilled lawyer protects your rights and presents your case strongly.
All criminal cases go to trial: Most criminal cases are resolved through plea negotiations, dismissals, or other means before reaching trial. Plea bargains can reduce the charges or penalties against you, depending on your case. An experienced attorney can help you decide the best path forward.
The police are always on your side: Police aim to gather evidence, not necessarily to protect you, so anything you say can be used against you. Cooperating fully without legal guidance can unintentionally harm your case. Consult an attorney before speaking to law enforcement.
A guilty plea ends the process quickly: While pleading guilty might seem like a quick resolution, it often results in long-term consequences like a criminal record and fines. A guilty plea can also impact future employment or housing opportunities. Always consult an attorney to explore better alternatives.
Prosecutors always win: Prosecutors must prove guilt beyond a reasonable doubt, leaving room for the defense to challenge the case. Skilled defense attorneys can identify weaknesses or rights violations to secure dismissals or reduced charges. With the right representation, you have a strong chance for a favorable outcome.
Why You Need an Experienced Attorney
In Texas, the criminal justice system is known for being tough, and the consequences of a conviction are severe. That’s why it’s so important to have an experienced criminal defense attorney on your side.
At Texas Defenders, we understand how high the stakes are for our clients, and we work tirelessly to provide an aggressive and strategic defense. From negotiating plea deals to fighting for your rights at trial, choosing the right criminal defense lawyer can help you achieve the best possible outcome in your case.
Serving Communities Across Texas
We serve clients throughout the Dallas-Fort Worth area, including Dallas, Fort Worth, Irving, Arlington, Grapevine, Plano, Garland, Frisco, Denton, McKinney, Greenville, Waxahachie, Mansfield, Burleson, Granbury, and Weatherford.
We also represent individuals in the San Antonio area, including Helotes, Leon Valley, Converse, Schertz, La Vernia, Lytle, and Castroville, as well as the Austin area, including Del Valle, Manor, Pflugerville, Lago Vista, Lakeway, and Bee Cave. Wherever you’re located, we are here to help.
Call Texas Defenders Today
If you or a loved one is facing criminal charges in Texas, don’t face the system alone. Call Texas Defenders today for a free consultation. Our criminal defense attorneys will review your case, discuss your options, and work with you to build a strong defense. When your future is on the line, you can count on our dedication. Reach out to us today to get started.